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HomeMy WebLinkAboutWQ0036327_Final Permit_20180315Water Resources ENVIRONMENTAL QUALITY March 15, 2018 LAURENCE HARDWOOD, JR. — GENERAL PARTNER MEADOWS PARTNERSHIP 19491 HIGHWAY 19 WEST TOPTON, NORTH CAROLINA 28781 Dear Mr. Harwood: ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Subject: Permit No. W00036327 Mystic Meadows W WTP High -Rate Infiltration System Swain County In accordance with your permit minor modification request received August 24, 2016, and subsequent additional information received December 26, 2017, we are forwarding herewith Permit No. W00036327 dated March 15, 2018, to Meadows Partnership for the continued operation of the existing wastewater treatment and high -rate infiltration facilities, as well as the construction and operation of the modified wastewater treatment facilities. The modifications to the subject permit are as follows: the treatment system has been modified to accommodate lower flows. The existing initial 2,000 gallon anoxic tank will be converted to a 2,000 gallon aerated equalization tank. The two existing 2,000 gallon oxic tanks will be converted to extended length aerated SBR's. The process change will also require the addition of three pumps, two valves, and minor piping changes. This permit shall be effective from the date of issuance until May 31, 2019, shall void Permit No. WQ0036327 issued October 1, 2014, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A, B, and C for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note the following permit conditions are new since the last permit issuance dated October 1, 201: ➢ Condition I.I. —A permit modification shall be required to address the treatment plant having been constructed differently than what was permitted. Also, the application must address the infiltration basin being in a completely different location than what was permitted. ➢ Condition I.2. — Thj s condition requires that the Permittee submit a certification from a licensed North Carolina Professional Engineer certifying that the permitted facility has been installed in accordance with this permit. -' 7 "-Nothing Compares State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Pennitting 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-807-6332 Mr. Laurence Harwood, Jr. March 15, 2018 Page 2 of 2 ➢ Condition I.3. — This condition requires that the Asheville Regional Office, telephone number (828) 296-4500, be notified at least 48 hours in advance (excluding weekends and holidays) of operation of the installed facilities such that an in-place inspection can be made. ➢ Condition 111.14. — The turbidimeter shall be tested and calibrated at a minimum of once per year. Calibration records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. ➢ Condition fV.8.a. — The maintenance log shall contain the date of calibration of turbidimeter. ➢ Attachment A — Total Kjeldahl Nitrogen and Total Nitrogen have been added to the monitoring requirements. If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. One set of approved plans is being forwarded to you. If you need additional information concerning this permit, please contact Tessa Monday at (919) 807-6302 or tessa.mondaygncdenr.gov. Sincerely, LLinda Culpepper, Interim Director Division of Water Resources cc: Swain County Health Department (Electronic Copy) Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Robert G. Burgin, PE — Burgin Engineering, Inc. (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH HIGH -RATE INFILTRATION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Meadows Partnership Swain County FOR THE operation of a 3,000 gallon per day (GPD) wastewater treatment and high -rate infiltration facility consisting of the: construction and operation of a 500 GPD wastewater treatment system (i.e., low -flow phase) consisting of a 1,750 gallon equalization tank; two 1,000 gallon sequencing batch reactor (SBR) tanks; a 575 gallon membrane bioreactor (MBR) tank served by an A3 -UA U20-002 flat sheet membrane module; two 48 cubic feet per minute (CFM) blowers serving the membrane tank, oxic tank #2, and the anoxic/screen buffer tank; a 2 gallon per minute (GPM) permeate pump with backup; a tertiary Crystal Quest ion -exchange nitrate filter and brine tank with backup; a Sterilight ultraviolet (UV) system with two banks and maximum disinfection capacity of 11 GPM; a Hach turbidimeter with continuous monitoring and recording; dual 10,000 gallon 5 -day upset tanks; and all associated piping, valves, controls, and appurtenances; the continued operation of a 3,000 GPD wastewater treatment system (which was not constructed per permit and shall be modified within 120 days of permit issuance) consisting of a 2,000 gallon flow equalization tank with a fine screen inlet filter; a 2,000 gallon anoxic tank served by a 58 GPM recycle pump with backup; a 2,700 MBR tank served by an A3 -USA U20-002 flat sheet membrane module, a 48 CFM blower with backup, and a 2 GPM permeate pump with backup; a tertiary Crystal Quest ion -exchange nitrate filter and brine tank with backup; a Sterilight UV system with two banks and maximum disinfection capacity of 11 GPM; a Hach turbidimeter with continuous monitoring and recording; dual 10,000 gallon 5 -day upset tanks; and all associated piping, valves, controls, and appurtenances; and the continued operation of a 3,000 GPD high -rate infiltration system consisting of: a 0.03 acre infiltration basin excavated to a four foot depth and backfilled with a homogenous material with a designed loading rate of 2 gallons per day per square foot (GPD/ft); and all associated piping, valves, controls, and appurtenances to serve 11 residential lots within the Mystic Meadows subdivision, with no discharge of wastes to surface waters, pursuant to the application received August 24, 2017, and subsequent additional information received by the Division of Water Resources, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. W00036327 Version 1.2 Shell Version 171103 Page 1 of 10 I. This permit shall be effective from the date of issuance until May 31, 2019, shall void Permit No. W00036327 issued October 1, 2014, and shall be subject to the following specified conditions and limitations: 1. Prior to July 13, 2018, the Permittee shall submit a modification application to the Division addressing the changes to the treatment system and disposal area. The modification application shall include new engineering designs and calculations for treatment units that are not a `like for like' replacement. The application shall also include new engineering designs for the infiltration basin with a justification for the alternate location. Mail the application to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617. [15A NCAC 02T .0108(b)(2)] 2. Upon completion of construction and prior to operation of the modified permitted facilities, a certification (attached) shall be submitted from a licensed North Carolina Professional Engineer certifying that the permitted facility has been installed in accordance with this permit, Division approved plans and specifications, and other supporting documentation, including the location of all monitoring wells as applicable. If this project is to be completed in phases and partially certified the and shall provide a final certificate of completion once the entire project has been com leted. Mail the Certification to the Division of Water Resources, Non -Discharge Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617. [15A NCAC 02T .0116(a)] 3. The Asheville Regional Office, telephone number (828) 296-4500, shall be notified at least 48 hours in advance (excluding weekends and holidays) of operation of the installed facilities such that an in-place inspection can be made. Notification to the regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. [15A NCAC 02T .0108(b)(2)] 4. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. [15A NCAC 02T .0105(d), 02T.0106, 02T.01 09, 02T.01 15(c)] H. PERFORMANCE STANDARDS 1. The subject non -discharge facilities shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the infiltration areas to adequately assimilate the effluent, the Permittee shall take immediate corrective actions including Division required actions, such as the construction of additional or replacement wastewater treatment or infiltration facilities. [G.S. 143-215.1, 143-213.3(a)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [15A NCAC 02B .0200, 02L .0100] 3. All wells constructed for purposes of groundwater monitoring shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and regulations pertaining to well construction. [15A NCAC 02C .0108] 4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0108(b)(1), 02T .0705(b)] W00036327 Version 1.2 Shell Version 171103 Page 2 of 10 5. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0705(m)] 6. The Operational Agreement (attached) between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. [15A NCAC 02T .0115] This disposal system was individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the effluent disposal area, or 50 feet within the property boundary, whichever is closest to the effluent disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. [15A NCAC 02L .0106(d)(2), 02L .0107(b)] 8. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. [15A NCAC 02L .0106, 02L.0108] 9. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary. [15A NCAC 02L .0107(c)] 10. In accordance with 15A NCAC 02L .0107(d), no wells, excluding Division approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] 11. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Swain County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [15A NCAC 02L .0107(f)] WQ0036327 Version 1.2 Shell Version 171103 Page 3 of 10 12. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for high -rate infiltration sites permitted under 15A NCAC 02T .0700 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 100 ii. Any habitable residence or place of public assembly owned by the Permittee: 50 1 iii. Any private or public water supply source: 100 iv. Surface waters: 200 v. Groundwater lowering ditches: 200 vi. Surface water diversions: 50 vii. Any well with exception of monitoring wells: 100 viii. Any property line: 501 ix. Top of slope of embankments or cuts of two feet or more in vertical height: 100 x. Any water line from a disposal system: 10 xi. Subsurface groundwater lowering drainage systems: 200 xii. Any swimming pool: 100 xiii. Public right of way: 50 xiv. Nitrification field: 20 xv. Any building foundation or basement: 15 Setbacks to habitable residences, places of public assembly and property lines have been reduced in accordance with the facility's compliance with the High -Rate Infiltration System Policy for Alternative Setbacks to Property Lines and Habitable Residences dated October 27, 2006. [15A NCAC 02T .0706(a)] b. The setbacks for storage and treatment units permitted under 15A NCAC 02T .0700 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: ii. Any private or public water supply source: iii. Surface waters: iv. Any well with exception of monitoring wells: v. Any property line: [I 5A NCAC 02T .0706(d)] 100 100 50 100 50 WO0036327 Version 1.2 Shell Version 171103 Page 4 of 10 M. OPERATION AND MAINTENANCE REOUIREMENTS 1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. [15A NCAC 02T .0707] 2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities at a minimum of once per week, and shall comply with all other conditions specified in 15A NCAC 08G .0200. In the event that the facility demonstrates non-compliance, the Division may require that the ORC or their back-up visit the facilities at the frequency specified in 15A NCAC 08G.0200. [15A NCAC 02T.01 171 3. Adequate measures shall be taken to prevent effluent ponding in or runoff from the infiltration sites listed in Attachment B. [15A NCAC 02T .0108(b)(1)] 4. Infiltration shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. [15A NCAC 02T .0108(b)(1)] 5. All infiltration equipment shall be tested and calibrated at least once per permit cycle. Calibration records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(b)(1)] 6. Only effluent from the Mystic Meadows W WTP shall be infiltrated on the sites listed in Attachment B. [G.S. 143-215.1] 7. No automobiles or machinery shall be allowed on the infiltration sites except during equipment installation or while maintenance is being performed. [15A NCAC 02T .0108(b)(1)] 8. Public access to the infiltration sites and wastewater treatment facilities shall be prohibited. [15A NCAC 02T .0705(p)] 9. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T.0708. [15A NCAC 02T .0708, 02T .1100] 10. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. [15A NCAC 02T .0705(i)] 11. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T .0108(b)(1)] W00036327 Version 1.2 Shell Version 171103 Page 5 of 10 12. All effluent shall be routed to the five day upset tanks should the limit for fecal coliform (e.g., daily maximum concentration of 25 colonies per 100 mL) or turbidity (e.g., instantaneous maximum of 10 NTU) be exceeded, until the problems associated with the wastewater treatment plant have been corrected. The wastewater in the five day upset tanks shall be pumped back to the treatment plant headworks for re -treatment or treated in the five day upset tanks prior to infiltration. Notification of the Asheville Regional Office supervisor shall occur whenever effluent is routed to five day upset tanks and when flow is pumped back to the WWTP headworks for re -treatment. [15A NCAC 02T .0108(b)(1)] 13. The infiltration basin shall be periodically cleaned to remove deposited materials that may impede the infiltration process. Cleaning records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. The Asheville Regional Office, telephone number (828) 296-4500, shall be notified prior to each cleaning. [15A NCAC 02T .0108(b)(1)] 14. The turbidimeter shall be tested and calibrated at a minimum of once per year. Calibration records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(b)(1)] IV. MONITORING AND REPORTING REOUIREMENTS 1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sampling reporting schedule shall be followed. [15A NCAC 02T .0108(c)] 2. A Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily average flow values shall be reported on Form NDMR. Flow may be estimated from water use records, provided the Permittee's water use is metered. Daily average flow values shall be calculated by dividing the monthly metered water usage by the number of days in the month. [15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] 5. The Permittee shall maintain adequate records tracking the amount of effluent infiltrated. At a minimum, these records shall include the following information for each infiltration site listed in Attachment B: a. Date of infiltration; b. Volume of effluent infiltrated; c. Site infiltrated; d. Length of time site is infiltrated; e. Loading rates to each infiltration site listed in Attachment B; and f. Weather conditions. [15A NCAC 02T .0108(c)] W00036327 Version 1.2 Shell Version 171103 Page 6 of 10 6. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Condition IV.5.) on Form NDAR-2 for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T.0 105(l)] 7. A record shall be maintained of all residuals removed from this facility. This record shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [15A NCAC 02T .0108(b)(1)] 8. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this log shall include: a. Date of calibration of turbidimeter; b. Visual observations of the plant and plant site; and c. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [15A NCAC 02T .0108(b)(1)] 9. Monitoring wells shall be sampled at the frequencies and for the parameters specified in Attachment C. All manning, well construction forms, well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1 [ 15A NCAC 02T .0105(m)] 10. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW -59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW -59) shall include this permit number, the appropriate well identification number, and one GW -59a certification form shall be submitted with each set of sampling results. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T.0 I 05(m)] WQ0036327 Version 1.2 Shell Version 171103 Page 7 of 10 11. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number (828) 296- 4500, as soon asoso sible, but in no case more than 24 hours, or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons, rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a by-pass directly to receiving surface waters. d. Any time self-monitoring indicates the facility has gone out of compliance with its permit limitations. e. Ponding in or runoff from the infiltration sites. f. Receipt of fecal coliform result exceeding limits in Attachment A and diversion of effluent to five day upset tanks. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956,(800) 858-0368, or (919) 733-3300. Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to betaken to ensure the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)] V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and infiltration facilities. [15A NCAC 02T .0108(b)] 2. The Permittee or their designee shall inspect the wastewater treatment and infiltration facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T .0108(b)] 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the wastewater treatment and infiltration facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions ofthis permit, and may collect groundwater, surface water or leachate samples. [G.S. 143-21.5.3(a)(2)] VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. [G.S. 143-215.6A to 143-215.6C] 2. This permit shall become voidable if the permitted facilities are not constructed in accordance with the conditions of this permit, the Division approved plans and specifications, and other supporting documentation. [15A NCAC 02T .0110] 3. This permit is effective only with respect to the nature and volume of wastes described in the permit application, Division approved plans and specifications, and other supporting documentation. No W00036327 Version 1.2 Shell Version 171103 Page 8 of 10 variances to applicable rules governing the construction or operation of the permitted facilities are granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(n). [G.S. 143-21.5.1] 4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies (e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under General Permit NCGO10000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. [15A NCAC 02T .0105(c)(6)] In the event the permitted facilities change ownership or the Permittee changes their name, a formal permit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate property ownership documentation and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC 02T .0104] 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0108(b)(1)] 7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority. [15A NCAC 02T .01050)] 8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. [ 15A NCAC 02T .01101 9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [15A NCAC 02T.0120] 10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit. [15A NCAC 02T .0105(e)(3)] Permit issued this the 15' day of March 2018 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION mda Culpepper, Interim Director v Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0036327 WO0036327 Version 1.2 Shell Version 171103 Page 9 of 10 Permit No. WQ0036327 Meadows Partnership Mystic Meadows W WTP ENGINEERING CERTIFICATION ❑ Partial ❑ Final High -Rate hlfiltration System March 15, 2018 Swain County In accordance with 15A NCAC 02T .0 116, I, , as a duly registered Professional Engineer in the State of North Carolina, having the Permittee's authorization to ❑ periodically ❑ weekly ❑ fully observe the construction of the permitted facility, hereby state to the best of my abilities that due care and diligence was used in the observation of the construction, such that the facility was built within substantial compliance and intent of this permit, the Division -approved plans and specifications, and other supporting documentation. ❑ Any variation to this permit, the Division -approved plans and specifications, and other supporting documentation has been documented in the attached as -built drawings, and shall serve as the Permittee's minor modification request to amend the permit accordingly. Provide a brief narrative description of any variations: i Professional Engineer's Name Engineering Firm Mailing Address City ( State Zip Telephone E-mail NC PE Seal Signature & Date THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHALL BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NON -DISCHARGE PERMITTING UNIT By U.S. Postal Service: 1617 MAIL SERVICE CENTER By Courier/Special Delivery: 512 N. SALISBURY ST. 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FJ y a E ° .. � Vy 3 a 06 O N w M O N Uj N d a d AO v a � o a w w w q •0 a z z 0.^ o ,° V o a ° J7 ° � m W C 0 O 0 5 0 W a T o •fJ � � a b � � FL 73 G arl C a r4 a 9 5 rzC o - 5'o ° ° .4 E y z E N � U N ° .`yj •° y w E v c S O E N 3 N U a .5 � � m w 5 T •O c4 0 U m v CO Yn y 'S N a C dC.NE a d° 0Ea E 5 E '^ O T d O y Oq ° •d U o •5� 3w� �.`oa a`o �' aa�cai a CVO 5 42 G z � GGs00°o Ea cB °.o `d .0 `d =0 'a mabi 0O'wU u� C c T°i 'ma s yam Q 'RP.� e° o UO u° 4 w y 5 .a c U w u C v O o dCUU `o CoA L mases gee�o� 8a5S�.a $ a'`ii bbd � a 0 °mm o d p�add j 5s go..nWW6E EdFF-°•9 is Up c o N o> �a a ti ti v ¢5 .d a ti .w. 5w. •$ •' o STATE OF NORTH CAROLINA COUNTY OF swain Permit No. wQoo35327 OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (d 1) and entered into this 21 day of 1 „ne 2013 , by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Meadow Partnership , a non-profit corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the ASSOCIATION. WITNESSETH: 1. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and business of the development known as —MV9c Meadows. Meadow Partnership . (hereinafter the Development); of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System); and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction and repair. 2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage disposal to serve the Development on said lands. r 3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and/or operate the Disposal System. 4. The Development was created subject to unit ownership in the dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C of the North Carolina General Statutes. 5. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and ASSOCIATION do hereby mutually agree as follows: 1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. FORM: HOA 01-12 Page 1 oft 3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System will he makitsined out of e common expenses. In order to assure that there shall be funds readily available to repair, maintain, or construct the Disposal System beyon t e routine operation an maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance fund allocated for the facility and shall be part of the yearly budget. 4. In the event the common expense allocation and separate fund(s) are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made as necessary at any time. 5. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 6. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the ASSOCIATION's successor. 8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal System. 9. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL Meadow Padnership MANAGEMENT COMMISSION Name of ASS CIATIO�N id B ", ck W Id, Director (Si'. afore) ivision f W ater Quality Laurence Harwood, Jr. Managing Panner Print Name and Title 6/A1 /2013 02121/2013 (Date) (Date) FORM: HOA Ol -12 Page 2 of 2